Keywords AGRICULTURE, farming, milk, dairy product, milk, producer, beneficiary PRODUCTION, young FARMER, compensation, abandonment, abandonment TOTAL, partial abandonment, granting, calculation MODE, scale, REFERENCE dairy, LIQUIDATION, payment, ADMINISTRATIVE PROCEDURE, PROCEDURE financial, ONILAIT, management, compensation, authorization PREFECTURE, PREFECT of Department, APPLICATION of Regulation (EC), harmonization European JORF n ° 301 of December 28, 2004 page 22117 text no. 76 Decree No. 2004-1410 23 December 2004 concerning the granting of compensation to the abandonment total or partial of the milk production and modifying the Decree n ° 2002 - 1353 of 12 November 2002 NOR: AGRP0402145D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/12/23/AGRP0402145D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2004/12/23/2004-1410/jo/texte Prime Minister, on the report of the Minister of economy, finance and industry and the Minister of agriculture, food, fisheries and Rural Affairs , Having regard to Regulation (EC) no 1788/2003 of the Council of 29 September 2003 establishing a levy in the milk and milk products sector;
Having regard to Regulation (EC) no 595/2004 of the Commission of 30 March 2004 laying down detailed rules for the application of Regulation (EC) no 1788/2003 establishing a levy in the milk and milk products sector;
Having regard to Council directive 92/46/EEC of 16 June 1992 Council amended laying down the health rules for the production and the placing on the market of raw milk, heat-treated milk and milk-based products;
Seeing the rural code, especially articles R.* 654 - 39-R.* 654-101;
Having regard to the penal code;
Having regard to the general code of territorial communities;
Considering Decree No. 2002 - 1353 of November 12, 2002 on the granting of compensation to the total or partial abandonment of milk production;
Having regard to the opinion of the Board of Directors of ONILAIT dated November 18, 2004, enacts as follows: Article 1 more on this article...
Article 2 of the Decree of 12 November 2002 referred to above shall be replaced by the following: «art.» 2 - the amount of compensation is calculated, per holding, the reference quantity the producer for the dairy delivery or for direct sale, pursuant to the following schedule: 0.19 euro per litre in the limit of 100 000 litres;
0.10 euro per litre of 100 001 to 150 000 litres;
0.06 euro per litre of 150 001 to 200 000 litres;
€ 0.01 per litre beyond 200 000 litres.
However, for the year 2004-2005, the amount of the allowance is calculated by means of the following scale: 0.23 euro per litre in the limit of 100 000 litres;
0.12 euro per litre of 100 001 to 150 000 litres;
0.07 euro per litre of 150 001 litres at 200 000 litres;
0.012 euro per litre beyond 200 000 litres.
Granted, additional reference quantities on the basis of articles R.* 654-61-R.* 654-63 and R.* R.* 654 654-72 - 74 of the code rural, are excluded from the base for calculating the compensation.
However, this provision does not, apply for the 2004-2005 crop producers including the sum of the reference quantities for the delivery and the direct sales does not exceed 100,000 litres.
For producers whose the sum of the reference quantities for the delivery and direct sales, excluding the additional reference quantities granted on the basis of articles R.* R.* 654 - 63 and R.* 654 654-61 - 72-R.* 654 - 74 of the code rural, is less than 100,000 litres, but all of the reference is greater than 100,000 litres This provision does not apply for the year 2004-2005, the additional quantities reference below 100,000 litres of all of the reference.
In the case of partial abandonment of production, excluded from the base of the allowance additional reference quantities are evaluated prorated quantities, referred above, in the whole of the reference.
The base for calculating the compensation referred to in the first subparagraph is adapted to take account of current land transfers or the effective date is prior to the date of filing of the application. ' Article 2 more on this article...
Article 3 of the Decree of 12 November 2002 referred to above shall be replaced by the following: «art.» 3 - the right to this allowance is opened within the limits of amounts collected under the conditions laid down in article 13 of Regulation (EC) no 1788/2003 referred to above as well as, where applicable, within the limits of the funding of local authorities, of the dairy umbrella organisation defined by the provisions of the rural code, buyers of milk and dairy products or refiners.
The above funding is distributed by region or, where applicable, by Department, by decision of the Minister of agriculture, food, fisheries and Rural Affairs.
If, at the level regional, the amount of the appropriation provided for in the preceding paragraph is not used in full, the recorded balances will be allocated to applications not yet taken into account, according to the order of precedence defined in article 7.
Under the funding referred to in the first subparagraph, buyers can intervene only if some of their drivers on the first day of the milk year enter one of the following categories:-producers young farmers meet the conditions laid down by Decree No. 81-246, March 17, 1981 or sections R.* 343-3 R. 343 - 19 of the rural code relating to aid in the installation of young farmers, and which are installed after April 1, 1984 and before November 1, 1988;
-licensed producers of a development or a material improvement plan plan mentioned by the Decree of October 30, 1985 above having to approve their plan after 1 April 1984 and before November 1, 1988, and who will not be able to receive an additional reference quantity before the last day of the milk year within the limits of their needs. The amount that each buyer is allowed to fund is capped at the necessary capacities, as determined by ONILAIT.
The financing of local authorities, of the dairy umbrella organisation of buyers and refiners are set up under the agreements with the State and are paid to ONILAIT that uses when the funds referred to in paragraph 1 are exhausted. These agreements must be signed before February 1 of each milk year.
ONILAIT may participate in the financing agreements with the buyers or the refiners, using the collected sums pursuant to article L. 654 - 32 of the rural code; However, this funding cannot exceed 50% of the budget of each convention.
The reference quantities compensated on financing of local authorities, the dairy industry, the buyers or the refiners are to the rates laid down in article 2 and are accounted for separately. ' Article 3 more on this article...
Exceptionally, the deadline of sending and/or of filing of the application is set at 31 December 2004 for the 2004-2005 campaign.
Article 4 more on this article...
The last paragraph of article 7 of the Decree of 12 November 2002 referred to above shall be replaced by the following: 'these same criteria are applied to the eligible applications to the financing of local authorities, of the dairy industry, buyers and refiners mentioned in article 3.'
Article 5 read more on this article...
The Minister of economy, finance and industry, the Minister of agriculture, food, fisheries and Rural Affairs and the Minister delegate for the budget and budget reform, Government spokesman, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, on December 23, 2004.
Jean-Pierre Raffarin by the Prime Minister: the Minister of agriculture, food, of fisheries and of rurality, Dominique Bussereau the Minister of economy, finance and industry, Hervé Gaymard the Minister delegated to the budget and budget reform, the Government's spokesman, Jean-François Copé